Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-22
The Law as 1t Stands.

lSan Francisco Call.
The RECORD UNION of Tuesday saws ::
The RECORD UNION is frank to say that it
cannot CLEAN from the San Francisco press
and it has industriously endeavored to do
SO, apparently impartial relations of the
facts in the Chinese habeas corpus cases.
upon which the Court makes its DEGREES
that are so bitterly assailed by our metro
politan contemporaries"
If the RECORD UNION is in doubt as TO
the facts of the habeas corpus cases, and
the reasons given by the Courts for con-
sideIing cases of this nature, little refer
enee to points in the law, and decisions of
the Courts under it, may prove generally
instructive.
Of course, it is understood that the Act
in force is the amended Restriction Act,
approved April 3, 1884. Under the first
Act, which went in force August 6. 1882.
the Courts claimed the right to admit Chi
nese under the second article of the treaty.
of 1880, which provides that % Chinese
laborers now in the United States shall be
allowed to go and come of their own free
will and accord, etc. It was found. while
the first Act was in operation, good many
Chinese were being admitted uuder this
construction OF the treaty, the assumption of
the Court being that the treaty, rather than
the Act, was its guide, and as a preventive
Congress was petitioned to cOnstrue the Act
and declare its purpose through an amend
ment. The amended Act provides for the
issuance OF certificates, and adds, in rela-
ton to their use: The certificates herein
provided Tor shall entitie the Chinese Ia
oorer to whom the same is issued to return
10 and re-enter the United States 1pon nro.
ducing and delivering the same to the col
lec,or of Customs of the district II which
such Chinese laborer shall seek to re-enter:
and such certificate shall be the only evi.
dence permissible 10 establish his right of
re-entTy,' etc. The sixth section of the
amended Act, after providing for the vising
of certificates by United States diplomatic
representative ct the port of departure for
the United States, says: Such certificate.
vised as aforesaid. shall be prima facie
evidence Of the facts set forth therein. and
shall be produced to the Collector of Gus
toms OF the port in the district of the United
States IN which the person named therein
shall arrive, and afterwards produced TO
the proper authorities OF the United States
whenever lawfully demanded, and snail
be the sole evidence permissible on the
part OF the person so producing the same
10 establish right OF entry into the United
States" etc
The law could not be more direct in its
language. The certificate is the sole evil
dence upon which Chinese laborers NAV be
lawfully landed. Ii should be borne in
mind that the amended Act was passed af
ter about two years experience with the
Courts Interpretation of the first Act. and
was intended by Congress as an interpreta-
ton of the first Act. and in two places the
certificate provided for has been declared
TO be the sole permissible evidence of the
fight Of Chinese laborers to re-entry into
the United States. The Act makes no pro- ,
vision for an appeal from the Collector to